TUNDE OYEBANJI AWOTOYE, JCA (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the Defendants/Appellants against the decision of the Port Harcourt High court of Rivers state delivered on 2/5/2007. The Appellants filed notice of appeal containing 12 grounds of appeal on 23/05/07.
The Grounds of Appeal as per the Notice of Appeal are:-
1. The learned trial judge erred in law when she held thus "I hold therefore that the claimants claim as per its writ of summons and statement of claim is valid and competent."
Particulars
a. The suit was filed on 27/2/2004.
b. CLAIMANT/RESPONDENT witness claimed the sum of ₦140,052,872.98 in evidence.
c. The said sum arose on 30th, April, 2004 a date subsequent to the filing of the suit.
d. The said sum claimed in evidence was not pleaded.
e. There was no amendment to plead the said sum.
f. The amount claimed in evidence was not in existence as at the time of filing of the suit.
g. There was no cause of action.
h. Claiman…